Workplace Q&A
1 What actions may an employer take if:
a) an employee is absent from work without authorisation because they were watching the World Cup?
If the employee is absent from his or her place of work, without any justification, the employer may i) deduct the time not worked by the employee and, in addition, ii) may file a disciplinary sanction to the employee for not presenting the corresponding justification.
b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?
The employer may request the local Health Authority to certify the validity and legitimacy of the medical certificate presented by the employee.
If it is proven that the medical certificate is fraudulent or that it is not legitimate, the employer may dismiss the employee with just cause of a disciplinary nature for having incurred a serious lack of probity and honesty.
c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?
The employer may carry out breathalyzer tests during the working day, as well as tests to detect the consumption of drugs prohibited by law.
d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?
Any modification in working conditions requires the employee’s consent. In other words, the employer may modify the work schedules, if the employees agree to such a change.
e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?
The employer may investigate the use that employees make of the company's computer systems and may discipline the employee who is caught using the computer tools for personal purposes or not authorized in accordance with the provisions of the Internal Work Regulations.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
The employer could discipline the employee, depending on the seriousness of the offense and the context in which they committed the offence (for example, if they consume a lot of alcohol and, as a result, commit acts of violence against co-workers).
2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?
In cases where, due to the company's activities, the employee is required to work on a national holiday decreed by the country’s authorities, the company shall remunerate the employee for that day with a surcharge of one hundred and fifty percent (150%) of the salary of the regular working day, without affecting the employee’s right to enjoy a compensatory and paid day of rest. If the employee works on the compensatory day of rest to which he or she is entitled to, said day must be remunerated with an additional surcharge of fifty percent (50%).
3 Is it lawful for a company's employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?
It is not allowed to place bets in the workplace.
4 May employers prohibit public displays of rival country team colours in the workplace?
The employer can prohibit the public display of any team, not only the opponent, but also the local team.
5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations' games (e.g. home nation) but not others?
We believe that granting permission to one gender and not another to watch games could be considered discriminatory. When it comes to granting permissions to watch games from a specific selection, we feel that the risk that this could be considered discriminatory would be minimal.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?